Daily Archives: March 9, 2018

N.D.Ohio: No IAC for not raising search issue that would lose on merits by inevitable discovery

“Nevertheless, Petitioner’s arguments for suppression do not succeed. [¶] This is because police ultimately found the firearm and ammunition from an independent source, thus defeating the need for suppression. Under the independent source doctrine, evidence that was ‘initially discovered during … Continue reading

Posted in Ineffective assistance, Inevitable discovery | Comments Off

ID: Search of driver while waiting for confirmation of outstanding warrant suppressed; second search after finding it was valid; no inevitable discovery

Defendant was stopped for a traffic offense, and it came back that there might be a warrant for him. Under state practice, the police then seek confirmation of the warrant before acting on it. Here, however, defendant was frisked incident … Continue reading

Posted in Arrest or entry on arrest, Inevitable discovery, Reasonable suspicion | Comments Off

NY2: Def ordered out of backseat of car during speeding stop resulted in admission of gun; suppressed for lack of RS

Defendant was in the backseat of a car stopped in Queens for speeding. The officer decided he was a little too nervous and had him get out and asked him what he had. Defendant said “I have a piece.” Based … Continue reading

Posted in Reasonable suspicion | Comments Off

N.D.Ohio: Affidavit for SW didn’t support def’s claim of standing

Defendant relied on the affidavit for search warrant as showing his standing, but it didn’t resolve the question, so he fails in his burden of proof and lacks standing. The government showed nexus in the 61 page affidavit for residences … Continue reading

Posted in Burden of proof, Nexus, Standing | Comments Off